The Social Laws and Customs of Islam

D. THE CONSEQUENCES OF APOSTASY FROM ISLAM.

1. The Penalty for Apostasy in Islamic Law and History.

Any Muslim contemplating conversion from Islam to Christianity will know that the step will not be without reaction from his own community. At best he can expect to be ostracised by his people and disowned by his family. At worst he could become a martyr for the faith in a very short time.

The catalogue of tortures endured because of faith in God, given in the eleventh chapter of the epistle to the Hebrews, could be paralleled in the lives of those who have suffered for Christ because they were apostates from Islam. Every one who makes the choice faces the possibilities of loneliness, disinheritance, persecution and even death. (Zwemer, The Law of Apostasy in Islam, p. 73).

From early times it has been taught that the penalty for the apostasy of any individual from Islam is death. There does not seem to be any Qur'anic authority for this extreme form of punishment, one which allows a Muslim no degree of freedom to discover the true revelation of God independently for himself. The Hadith, however, openly state that Muhammad demanded the death sentence for those who turn their backs on Islam, whether for another faith or not.

Zaid b. Aslam reported that the Apostle of Allah (may peace be upon him) declared that the man who leaves the fold of Islam should be executed (Muwatta Imam Malik, p. 317).

Narrated Ikrima: Some Zanadiqa (atheists) were brought to Ali and he burnt them. The news of this event reached Ibn Abbas who said, "If I had been in his place, I would not have burnt them, as Allah's Apostle forbade it, saying, 'Do not punish anyone with Allah's punishment (fire)'. I would have killed them according to the statement of Allah's Apostle, 'Whoever changed his Islamic religion, then kill him'". (Sahih al-Bukhari, Vol. 9, p. 45).

Abu Musa said: Mu'adh came to me when I was in the Yemen. A man who was a Jew embraced Islam and then retreated from Islam. When Mu'adh came, he said: I will not come down from my mount until he is killed. He was then killed. (Sunan Abu Dawud, Vol. 3, p. 1213).

There are evidences in Islamic history showing that this penalty has often been enforced, occasionally by public authority but usually by relatives and others taking the law of Islam into their own hands. Many of the jurists of Islam have held that the murtadd (apostate) should be given three days or three public opportunities to return to Islam and is only to be put to death if he refuses to do so.

It is in agreement with the character of the Islamic state that apostasy by one who has been a believer should be regarded amongst the most heinous of crimes. The legists demand that the apostate be given three chances to repent, and he is not to be killed unless he has definitely refused. (Levy, The Social Structure of Islam, p. 351).

The Qur'an, on the other hand, not only does not seem to authorise the death penalty for apostasy but also makes statements that appear to have the contrary effect. One verse has the following to say about those who forsake Islam:

And if any of you turn back from their faith and die in unbelief, their works will bear no fruit in this life and in the Hereafter; they will be Companions of the Fire and will abide therein. Surah 2.217

A Muslim writer comments: "The verse clearly envisages the natural death of the renegade after apostasy . . . the implication of the verse is unmistakable that the Qur'anic Scheme visualises an apostate dying a natural death and there is no hint here that he can be killed for his defection (Rahman, Punishment of Apostasy in Islam, p. 32) Another verse in the Qur'an dealing with apostasy is this one:

Any one who, after accepting Faith in God, utters Unbelief, except under compulsion, his heart remaining firm in faith - but such as open their breast to Unbelief, on them is Wrath from God, and theirs will be a dreadful penalty. Surah 16.106

That the penalty spoken of here is not one to be put into effect this side of the grave is clear from verse 109 where it is simply said that such men will perish in the Hereafter. No other consequence is mentioned. Yet another verse in the Qur'an implying that there is to be no death penalty for apostasy is Surah 4.137 which speaks of those who believe, then reject faith, then return to the faith, only to once again commit apostasy. It concludes that God will neither forgive them nor guide them aright. The very possibility of a sustained double-mindedness and a repeated turning from Islam implies that the ultimate penalty is not applicable to one who commits an initial act of apostasy.

The verse visualises repeated apostasies and reversions to the faith, without mention of any punishment for any of these defections on this earth. The act of apostasy must, therefore, be a sin and not a crime. If he had to be killed for his very first defection, he could not possibly have a history of conversions (Rahman, Punishment of Apostasy in Islam, p. 39).

If Muhammad did command the death penalty for renegades from Islam it could only have been towards the end of his life when it became expedient for many Arabian communities to profess Islam. It took very little for these groups to revert to paganism at the first opportunity and the early Muslims suffered casualties at the hands of at least one tribe near Medina who initially professed Islam and thereafter forsook it and attacked the Muslims. Shortly after Muhammad's death a widespread defection from Islam took place and his successor Abu Bakr, faced with an imminent crisis threatening the very survival of Islam, had to resort to a number of campaigns to re-enforce Muslim rule in Arabia. It is possible that the traditions we have quoted are based on commands of Muhammad, not to put to death every individual who forsakes Islam, but rather to destroy those who, once having professed Islam turn away from it and in doing so gather together with the purpose of annihilating the Muslims. The only passage in the Qur'an which speaks of killing those who turn their backs after believing in Islam occurs in this very context:

But if they turn renegades, seize them and slay them wherever ye find them; and (in any case) take no friends or helpers from their ranks; except those who join a group between whom and you there is a treaty (of peace) or those who approach you with hearts restraining them from fighting you as well as fighting their own people. Surah 4.89-90.

It is significant that this passage is found in one of the last surahs to be revealed and it supports the suggestion t at the death penalty for apostasy applies only to those who become active rebels against Islam, taking up arms against it.

The position that emerges, after a survey of the relevant verses of the Qur'an, may be summed up by saying that not only is there no punishment for apostasy provided in the Book but that the Word of God clearly envisages the natural death of the apostate. He will be punished only in the Hereafter. (Rahman, Punishment of Apostasy in Islam, p. 54).

2. Implications and Effects of the Law of Apostasy.

There are some Muslim writers who say that the death penalty is an appropriate consequence for apostasy as the public image of Islam is allegedly shamed and weakened by such defections. "An act like this is a kind of mockery and a practice which misleads the pious" (Tabbarah, The Spirit of Islam, p. 390). As a Christian missionary once put it to Samuel Zwemer, "Yet there is always the deep-rooted idea in every one brought up in Islam that to leave Islam for another religion is an awful and unpardonable sin" (Zwemer, The Law of Apostasy in Islam, p. 26). It is, in any event, hard to see how the execution of converts from Islam restores its image. The former Chief Justice of Pakistan, however, has a far more balanced attitude in this case:

Islam must stand on the excellence of its own teachings and needs no protective shield against exchange of views at the intellectual level ... The argument based on supposed indignity offered to Islam by a renegade should be set against the consideration that it would be much more undignified for the true Faith to retain adherents by coercion. (Rahman, Punishment of Apostasy in Islam, p. 126, 135).

A Christian writer has also expressed similar misgivings about a religion that has to confirm and retain the allegiance of its adherents through forceful means and the threat of dire, immediate consequences for those who dare to express their disillusionment with it:

The Muslim concept of toleration has been, from the beginning, that of freedom to remain what you were born or freedom to become a Muslim. It has never yet meant freedom of movement of conscience, or freedom to become . . . Islam ought to concede such freedom irrespective of any possible consequences as to its members. If it is to be a self-respecting faith it must possess its adherents in the sole strength of their freely willed conviction. (Cragg, The Call of the Minaret, p. 336, 337).

Freedom of religion is Islam has, all too often, only meant the freedom to become a Muslim. No one is free to leave Islam of his own free will and choice. Even though a swift martyrdom may be less likely today than it was in earlier times, the convert, especially in solidly Muslim lands, still faces a harrowing future. Zwemer quotes from a letter written by an Egyptian convert from Islam to Christianity, one which reflects the experiences of many Christians in Muslim lands:

"I am again a prisoner, unable to go out at all or even to step on the balcony, because they are so excited and watching me night and day, desiring to quench their thirst with my blood, the blood of the helpless young Christian. My brothers, according to their law, often assured me that if they murdered me they would be martyrs for doing so". (Zwemer, The Law of Apostasy in Islam, p. 22).

3. The Ahmadiyya Attitude to the Law of Apostasy.

In the next chapter we will briefly outline the development and tenets of the Ahmadiyya Movement, a sect which has arisen within Islam which is denounced by the orthodox and one which, for reasons which will be given, hardly endears itself to Christianity. One must give credit where it is due, however, and the one redeeming feature of those who follow this sect is their attitude to this subject. They teach quite openly that there are to be no earthly reprisals against those who forsake Islam and base their attitude on the Qur'anic dictum Laa ikraaha fiid-diin. Qattabayyanar-rushdu minal ghayy - "There is no compulsion in religion. The right way stands out clearly from the way of error" (Surah 2.256). They claim accordingly that Islam adopts a very tolerant attitude in matters relating to the subjective faith of each individual, not seeking to compel the allegiance of those who, as we would say, have not "seen the light". One says:

Islam stands emphatically for freedom of conscience. Everyone must make his choice, and accept or reject in absolute freedom whatever he chooses to believe in or to deny. (Zafrulla Khan, Islam: Its Meaning for Modern Man, p. 166).

This refreshing attitude, while running contrary to the Hadith and the laws of orthodox Islam as taught and practiced by the fuqaha of Islam over the centuries, is nevertheless sound from a rational point of view and one not opposed to the teaching of the Qur'an. This approach is found in all the Ahmadiyya works and another writer from this sect says:

Therefore so far as the Qur'an is concerned, there is not only no mention of a death-sentence for apostates but such a sentence is negatived by the verses speaking of apostasy as well as by that magna charta of religious freedom, the 256th verse of the second chapter, la ikraha fi-l-din, "There is no compulsion in religion". (Ali, The Religion of Islam, p. 489).

The Movement's lead has been followed by some of the more enlightened modern Muslim writers. Rahman's book quoted in this section is a typical example of this spirit now developing even within orthodox Islam itself, but there is a long way to go. Hopefully there will be more such writers who will have the sense to distinguish between individuals who, out of freedom of conscience and personal conviction, choose to leave Islam for another religion (invariably Christianity) and whole communities who desert Islam with the treasonable intention of taking up arms against it. There surely must be a distinction between genuine religious conviction and widespread political revolution. Even though many of the teachings of the Ahmadiyya Movement are obnoxious and distasteful to Christians, its lead in this matter should be appreciated. Another Ahmadiyya writer has this to say (in a paragraph from an article written on apostasy in Islam):

We Muslims do believe in freedom of conscience, and we do denounce the action of a Muslim Government even under which capital punishment is meted against apostasy. The book which says, "All Muslims, Jews, Christians and Sabians who believe in God and the last day, and do good works, shall have their reward with their Lord" (Qur'an 11.59) - such cannot allow its followers to look with hatred towards Christians and Jews, no matter if they be so by birth or are renegades from Islam. (Kamal-ud-Din, quoted in "Modern Islam and the Penalty of Apostasy", The Muslim World, Vol. 12, p. 409).

In the meantime, however, every convert from Islam will continue to be faced with ostracism, rejection, various forms of persecution, and possible martyrdom. As this section has shown, such a reactionary approach toward those who leave its fold hardly commends or credits Islam.